[Weekly Compilation of Presidential Documents Volume 32, Number 35 (Monday, September 2, 1996)]
[Pages 1575-1576]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13016--Amendment to Executive Order 12580

August 28, 1996

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 115 of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980, as amended (42 U.S.C. 9601 et seq.) (the ``Act''), and section 301 
of title 3, United States Code, I hereby order that Executive Order No. 
12580 of January 23, 1987, be

[[Page 1576]]

amended by adding to section 4 the following new subsections:
    Section 1. A new subsection (c)(3) is added to read as follows:
      ``(3) Subject to subsections (a) and (b)(1) of this section, the 
      functions vested in the President by sections 106(a) and 122 
      (except subsection (b)(1)) of the Act are delegated to the 
      Secretary of the Interior, the Secretary of Commerce, the 
      Secretary of Agriculture, the Secretary of Defense, and the 
      Secretary of Energy, to be exercised only with the concurrence of 
      the Coast Guard, with respect to any release or threatened release 
      in the coastal zone, Great Lakes waters, ports, and harbors, 
      affecting (1) natural resources under their trusteeship, or (2) a 
      vessel or facility subject to their custody, jurisdiction, or 
      control. Such authority shall not be exercised at any vessel or 
      facility at which the Coast Guard is the lead Federal agency for 
      the conduct or oversight of a response action. Such authority 
      shall not be construed to authorize or permit use of the Hazardous 
      Substance Superfund to implement section 106 or to fund 
      performance of any response action in lieu of the payment by a 
      person who receives but does not comply with an order pursuant to 
      section 106(a), where such order has been issued by the Secretary 
      of the Interior, the Secretary of Commerce, the Secretary of 
      Agriculture, the Secretary of Defense, or the Secretary of Energy. 
      This subsection shall not be construed to limit any authority 
      delegated by any other section of this order. Authority granted 
      under this subsection shall be exercised in a manner to ensure 
      interagency coordination that enhances efficiency and 
      effectiveness.''
    Sec. 2. A new subsection (d)(3) is added to section 4 to read as 
follows:
      ``(3) Subject to subsections (a), (b)(1), and (c)(1) of this 
      section, the functions vested in the President by sections 106(a) 
      and 122 (except subsection (b)(1)) of the Act are delegated to the 
      Secretary of the Interior, the Secretary of Commerce, the 
      Secretary of Agriculture, the Secretary of Defense, and the 
      Department of Energy, to be exercised only with the concurrence of 
      the Administrator, with respect to any release or threatened 
      release affecting (1) natural resources under their trusteeship, 
      or (2) a vessel or facility subject to their custody, 
      jurisdiction, or control. Such authority shall not be exercised at 
      any vessel or facility at which the Administrator is the lead 
      Federal official for the conduct or oversight of a response 
      action. Such authority shall not be construed to authorize or 
      permit use of the Hazardous Substance Superfund to implement 
      section 106 or to fund performance of any response action in lieu 
      of the payment by a person who receives but does not comply with 
      an order pursuant to section 106(a), where such order has been 
      issued by the Secretary of the Interior, the Secretary of 
      Commerce, the Secretary of Agriculture, the Secretary of Defense, 
      or the Secretary of Energy. This subsection shall not be construed 
      to limit any authority delegated by any other section of this 
      order. Authority granted under this subsection shall be exercised 
      in a manner to ensure interagency coordination that enhances 
      efficiency and effectiveness.''
                                            William J. Clinton
The White House,
August 28, 1996.

[Filed with the Office of the Federal Register, 8:45 a.m., August 29, 
1996]

Note: This Executive order was published in the Federal Register on 
August 30.